No. 21-6606

Akil Tymes v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2021-12-14
Status: Denied
Type: IFP
IFP
Tags: counsel-communication criminal-procedure duty-to-communicate favorable-plea-offer ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-bargaining sixth-amendment strickland-standard strickland-v-washington
Latest Conference: 2022-02-18
Question Presented (from Petition)

1) Does counsel perform deficiently in duties/responsibility, to fully
inform a defendant during the plea bargaining process, per Missouri v.
Frve. 132 S.C.T. 1394 (2012), in failing to communicate explicit advice or
re-advise his client to accept or, reject a plea, on conditions that may be
favorable or, dis favorable, to the accused; applying Strickland v.
Washington. 466 U.S. 688 (1984)?

2) Does the final judgment/decision of the Eleventh Circuit Court of
Appeals; "That a defense counsel has no obligation to advise or fully inform
a defendant to accept a favorable plea, create an exception .which is
contrary or unreasonable application, to the general rule announced in
Frve . that defense counsel has a duty to communicate formal offers from
the prosecution to accept a plea on terms and conditions that may be
favorable to the accused '? (Emphasis added)

Question Presented (AI Summary)

Does counsel perform deficiently in failing to fully inform a defendant during the plea bargaining process?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2021-12-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2022)

Attorneys

Akil Tymes
Akil Tymes — Petitioner